Adfinis Pty Ltd

[2013] FWCA 2233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adfinis Pty Ltd
(AG2013/5117)

ADFINIS PTY LTD AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 APRIL 2013

Application for approval of the Adfinis Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Adfinis Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[4] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Adfinis Pty Ltd, along with the Construction, Forestry, Maritime, Mining and Energy Union (WA) applied for the approval of the Adfinis Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014. The matter was heard by the Fair Work Commission, specifically by Commissioner K. G. Gray, who assessed the application for approval of the enterprise agreement. The primary legal issue before the commission was whether the enterprise agreement met the statutory requirements for approval, particularly whether it complied with the provisions of the Fair Work Act 2009.

The commission considered whether the agreement was made in good faith and whether it contained the minimum terms and conditions required by law. Commissioner Gray examined the negotiation process, the content of the agreement, and its compliance with the Fair Work Act. The commissioner noted the absence of certain minimum terms, such as provisions on redundancy payments and the inclusion of a 'better off overall test'. Despite these issues, the commissioner determined that the agreement was made in good faith and that the parties had negotiated in a manner consistent with the principles of the Fair Work Act. The commissioner found that the agreement could be approved with modifications to include the minimum terms.

In approving the agreement with modifications, Commissioner Gray made specific orders to ensure the agreement complied with the statutory minimum terms. The commissioner required the parties to include provisions regarding redundancy payments and to ensure the agreement met the 'better off overall test'. The final orders included these modifications, ensuring the enterprise agreement complied with the Fair Work Act. The agreement was thus approved, subject to the incorporation of the necessary statutory minimum terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established